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(영문) 서울고등법원 2014.10.16 2013나7563

공유물분할 및 부당이득금

Text

1. The part of the judgment of the court of first instance against the principal action, including a claim that has been reduced and added at the trial, shall be as follows:

Reasons

1. Basic facts

A. The Plaintiff and the Simsan Building (1) and the Simsan G (hereinafter “the deceased”), Defendant F, as a high school, had a friendly relationship for about 50 years, leading to a friendly relationship, and had a project carried out together at one time.

(2) As to the real estate listed in the separate sheet Nos. 1 and 2 of the real estate list (hereinafter referred to as “sansan land”), the following [Attachment 1] Ga and B.

The registration was completed in the future of the plaintiff, the deceased, and the defendant F, as described in the paragraph.

Title Holder of registration

(a) Ansan land ( December 17, 1986) ;

(b) Ansan Building (Registration of initial ownership on September 24, 1987);

C. On June 29, 2010, Plaintiff 1/31/3 of the Deceased’s 1/3 deceased’s 1/31/31/31/3, Defendant C2/9 Defendant C2/9 Defendant D2/9, Defendant E2/9 [Attachment 1: Masan Land and Masan Buildings] (3) the Deceased died on December 7, 2009, and the Deceased inherited the deceased’s property at the share of 3/9, Defendant C, D, and E, each of which was his wife’s wife, and 2/9.

(4) On June 29, 2010, 1/3 shares of the Ansan land and the Ansan building under the deceased’s name (hereinafter “Ansansan land and building”) are attached to [Attachment 1].

The transfer registration of shares caused by inheritance has been completed as described in the paragraph.

(5) As to the shares of Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) with respect to Ansan land and building, the registration of the establishment of a neighboring mortgage by the mortgagee State, on January 6, 2011, was completed on the maximum debt amount of KRW 13.26 billion, and on the Plaintiff’s share in the said land and building, the registration of the establishment of a neighboring mortgage by Han Bank Co., Ltd. was completed on January 20, 201 with respect to the Plaintiff’s share in the said land and building.

B. With respect to the land listed in paragraph (3) of [Attachment 3] of [Attachment 2] List of Real Estate (hereinafter “sub-owned land”), the registration was completed as shown below (Attachment 2].

[Attachment 2: Details of registration concerning the previous owner's land] Registration of the nominal owner HH on the date and time of registration, and registration of ownership transfer on October 16, 1985.